Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Ecology, Sustainable Development and Energy,
Having regard to the Constitution, including article 38;
Considering the International Convention for the Prevention of Pollution by Ships, made in London on 2 November 1973, as amended by the Protocol of 17 February 1978 and its subsequent amendments regularly approved and ratified (MARPOL), including its annex VI;
Considering Directive 2012/33/EU of the European Parliament and the Council of 21 November 2012 amending Directive 1999/32/EC with regard to the sulphur content of marine fuels;
Vu le environmental codeincluding chapter VIII, section 1, title I, of Book II;
Vu le Administrative Justice Codeincluding its article R. 123-20;
Vu la Act No. 2015-992 of 17 August 2015 relating to the energy transition for green growth, including article 59;
Having regard to the advice of the Superior Council of the Merchant Navy of 24 September 2015;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:
The environmental code is amended in accordance with sections 2 to 6 of this Order.
In chapter VIII, section 1, title I, of Book II, it is re-established a sub-section 1 entitled "General Provisions" which includes articles L. 218-1 and L. 218-2 as follows:
"Art. L. 218-1.-For the purposes of this section:
“-the MARPOL Convention” means the International Convention for the Prevention of Pollution by Ships, made in London on 2 November 1973, as amended by the Protocol of 17 February 1978 and its subsequent amendments regularly approved or ratified;
"-the term "ship" means a sea vessel operated in a marine environment of any type, including hydropters, aerogliders, submersible equipment, floating equipment. Ships are considered to be fixed or floating platforms and vessels or floating vessels when they are downstream of the transverse boundary of the sea.
"Art. L. 218-2.-I.- Ships navigating in waters under French sovereignty or jurisdiction must:
« 1° When navigating outside the Sulphur Emission Control Areas designated in accordance with Rule 14.3 of Annex VI to the MARPOL Convention, use fuels with sulphur content of less than or equal to 3.50 per cent by mass until December 31, 2019, and then less than or equal to 0.50 per cent by mass as of January 1, 2020;
« 2° When navigating in sulphur emission control areas, use fuels with a sulphur content of less than or equal to 0.10 per cent by mass.
"II.-For passenger vessels providing regular services to or from ports of a Member State of the European Union, the sulphur content of fuels used outside sulphur control areas shall be less than or equal to 1.5 per cent by mass until 31 December 2019 and less than or equal to 0.50 per cent by mass from 1 January 2020.
"III.- Ships with docks for more than two consecutive hours according to published schedules must use marine fuels with a sulphur content of less than or equal to 0.10 per cent by mass, except for vessels that stop all machines and use the dock electrical connection when docked in ports.
"IV.- Ships conducting tests of sulphur emission reduction methods or using such methods may be exempted from the use of marine fuels whose sulphur content is less than or equal to the values mentioned, as the case may be, in I to III, where they permanently achieve reductions in sulphur dioxide emissions at least equivalent to those obtained by using marine fuels that meet these requirements. The requirement of permanence is not required when the vessels conduct tests.
"V.-The conditions of application of this section are set by regulation. »
The second and third paragraphs of Article L. 218-10 are deleted.
Section L. 218-15 is replaced by the following provisions:
"Art. L. 218-15.-I.-East is punishable by one year's imprisonment and 200,000 € by fine, for any captain of a vessel, to be guilty of offences under Rule 11 of Schedule IV and Rules 3,4 and 5 of Appendix V to MARPOL.
"II.-Is punishable by one year in prison and 200,000 € in fines, for any master of a vessel, to be guilty of offences under rules 12,13,16 and 18 of Appendix VI to MARPOL, as well as the provisions of I to IV of Article L. 218-2. »
Section L. 218-20 is supplemented by the following provisions:
"Non-compliance with the provisions of Article L. 218-2 I to III is not punishable if the master of the vessel:
« 1° Provides evidence that it has not been able to purchase marine fuel in accordance with the regulations at the place provided by its travel plan;
« 2° notified the State of its flag and the competent authority of the port of destination that non-availability of marine fuel in accordance with the regulations;
« 3° Provides evidence that he could only have gotten away from the planned route or unduly delaying his journey. »
The first paragraph of Article L. 218-26 is thus amended:
1° The words: "the breaches of the provisions of rules 15,17,34 and 36 of Schedule I, rules 13 and 15 of Schedule II, Rule 7 of Schedule III, Rule 8 of Schedule IV, Rules 3,4 and 5 of Schedule V, Rules 12,13,14,16 and 18 of Schedule VI and Protocol I of the International Convention for the Prevention of Article 18 by Ships"
2° The words: "this subsection" are replaced by the words: "this section".
The provisions of chapter VIII, section 1, title I, of Book II of the Environmental Code are applicable, in their drafting in force on the date of this order, in New Caledonia, French Polynesia, the Wallis and Futuna Islands and in the French Southern and Antarctic Lands, subject to the competences vested in these communities in territorial waters.
The Prime Minister and the Minister of Ecology, Sustainable Development and Energy are responsible for the application of this Order, which will be published in the Official Journal of the French Republic.
Done on December 24, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
